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2022 Supreme(Ker) 45

S.MANIKUMAR, SHAJI P.CHALY
Greater Cochin Development Authority – Appellant
Versus
Sasikanth S/o K. P. Rajappan Nair – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Vipin P. Varghese, C. Anchala, Rowena Colette Dias, Meera Elsa George, Kevin Mathew George, Adarsh Mathew.
For the Respondent: Rajesh Vijayan.

JUDGMENT :

SHAJI P. CHALY, J.

1. This appeal is preferred by the respondents in W.P. (C) No. 26466 of 2020 challenging the judgment of learned Single Judge dated 6.10.2021, whereby the writ petition was allowed holding as follows:

    “9. In the light of this finding, according to me, there cannot be any such restriction on alienation in the sale-deed. Admittedly there is no case to the respondents that any amount is due to the respondents as on today. In such circumstances there cannot be any such condition in the sale-deed.

10. As far as the second contention about the enhancement of land value is concerned, this Court directed the Standing Counsel to find out whether there is any enhancement of land value by any competent authority or by Court. The Standing Counsel, after getting instructions, submitted that there is no amount to be paid by the petitioners towards compensation for enhanced land value as on today. If that is the case, such clauses are not necessary in the sale-deed.

11. The third apprehension raised by the respondents is that if this Court interferes with the clauses in the sale-deed, the others will also come before this Court and there will be difficulty to the responde

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